John Lewis refusing to refund..help please

ckerrd

Although not made specifically to order - which is the thrust of your argument, is it not the case that because they did have a line about the item being non-refundable/returnable do you, the consumer, by placing an order accept these terms and conditions?

Just trying to think of how a judge might view this.

sirravenclaw

I have just called through to jl as a customer intrested in purchasing this canvas. I asked them to explain to me what made to order means, i.e. do they order the item in from a supplier or if they are made to my specifcations or if it is an item that is made when ordered.

The lady I spoke to advised that when the order is placed it is sent to the suppliers and then this item is hand painted and the sent directly out to the customer.

The artist that paints these will do them in three sizes.

I have to admit that the page that you ordered from does clearly state that the item cannot be returned due to the fact that it is made to order.

dmg24

Bessie3333 and sirravenclaw,

Could I ask how you have come across this thread?

Seems an incredible coincidence that you have suddenly happened upon this thread, and spring to the defence of JL in your first posts?!!

dmg24

The lady I spoke to advised that when the order is placed it is sent to the suppliers and then this item is hand painted and the sent directly out to the customer.

Absolute rubbish!

Taken from JL website:

The high quality image resolution creates exceptional clarity, depth and richness of colour. It is printed directly onto high grade canvas and hand stretched onto a solid wood frame.

marlowtech

I completely agree I should have read all the details - believe me , I really wish I had. But have a look at this ... http://img295.imageshack.us/my.php?image=screenprintga4.jpg

That's a screen image of the page from my 19" monitor - there is no warning there at all...you just put in the quantity and press add to basket. The warning is only there if you scroll down and why would you scroll down? There's no need. If you had to scroll down to order, or if you ordered you had to click on a button saying that you knew you couldn't return the item - fair enough.

If I'm honest, it's because JL is such a good company that you don't bother to check things. If I was ordering from a dodgy outfit I would have checked everything, but you kind of feel safe with JL. Well I used to!

marlowtech

Dear Mr Mayther,
Firstly, please let me say that I have never written a letter of complaint before – let alone to the chairman. I certainly never thought that I would be writing to the Chairman of John Lewis. Before I proceed to the small claims court, I thought it would be best to make one last attempt at a satisfactory outcome to my dispute.
I have attached a copy of my email of 2nd May to Jeremy Eaton – a response to which I am still waiting. This details the problems I have had and I would ask that you take the time to read it. Having had two conversations with X) this morning, he made it clear that you would not deal with this matter personally, but it would just get redirected to him. I hope this is not the case, and that someone will try and take an objective view of my predicament.
I have also attached a screen print of my computer, showing the webpage in question. As you will see, there is no mention on the page of not being able to return the goods. Even though I have a 19” monitor, you have to scroll down the web page to see the warning – and you do NOT need to scroll down the page to order the product. All correspondence (order acknowledgments etc) after that web page do not state anything about not being able to return the item – indeed they state the opposite.
Regardless of the fact that we missed your disclaimer, and the fact that we have been loyal customers spending thousands of pounds with your organisation, and despite the fact that my discussions with all your staff and many fellow consumers (over 1000 viewings on a particular forum page now) have all agreed that JL should take the picture back, there is also a legal reason that you are obliged to issue us with a refund.
Under the Distance Selling Rules, a consumer has the right to return an item within 7 days (we notified you within this time and received an RMA). I have spoken to Consumer Direct on three occasions now and each time they have confirmed that there is nothing to indicate that this picture was made to our specification. You specified the size on your webpage and we chose to order that. X said (and I quote) “the picture was not custom made, but we ordered a large one and this constitutes being made to our specification”. According to Consumer Direct this is NOT the case.
As I said, my next step is to pursue this through the small claims court where a judge will decide. I remain amazed that a company which I held such high regard is forcing a consumer to resort to legal action.
Please could you respond to this letter within the next 7 days.

sirravenclaw

I have been reading Martin lewis' book called the money saving diet and thought I would take a look at his forum. I came across this thread and saw what problems marlowtech was having so I thought that I would look into this. I have to say that even after reading the web it is still very obvious that the item was made for marlowtech when he ordered it regardless of how.

dmg24

Sorry sirravenclaw,

I just don't believe it. Too much of a coincidence.

hollydays

sirravenclaw wrote: »

I have been reading Martin lewis' book called the money saving diet and thought I would take a look at his forum. I came across this thread and saw what problems marlowtech was having so I thought that I would look into this. I have to say that even after reading the web it is still very obvious that the item was made for marlowtech when he ordered it regardless of how.

but consumer direct dont think so.Dont worry about boring people marlowtech-also dont worry if an arguament starts-lol-there are some very sus.threads on here.

purplepatch

marlowtech wrote: »

Dear Mr Mayther,

Isn't it Mr Mayfield?

Did you mention this website when you were having your discussions with JL? It certainly looks a bit suss :rotfl: